11/2/05

The controversy of abortion seems like it has such an Alexandrian solution that I only doubt its effectiveness because it seems to have occurred to no one else. The disagreement stems from the fact that the Constitution is ambiguous: some point to a right to life, others point to liberty. A disagreement about Constitutional meaning can be resolved in one of 2 ways. Either by judicial fiat, resulting in the ridiculous politicizing and overdominance of the issue given to the Supreme Court. Or by constitutional convention, letting the people amend contradiction away.

So my solution: Have the pros draft their amendment, the antis theirs. In November let both be voted on. If either is enacted, the knot is cut. If neither, well, then the status quo is upheld and there is legitimacy for the judicial decisions, and worst case the issue is no worse off then before.

Of course it’s not that simple. But I don’t know why not.